Free Motion for Extension of Time to File Answer - District Court of Federal Claims - federal

Case 1:04-cv-00632-LJB

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Filed 12/02/2004

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS INFORMATION SYSTEMS AND NETWORKS CORPORATION, Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) )

No. 04-632C (Judge Bush)

DEFENDANT'S UNOPPOSED MOTION FOR AN ENLARGEMENT OF TIME Defendant, the United States, respectfully requests the Court to grant an enlargement of time of 30 days, to and including January 19, 2005, within which to file our response to the amended complaint. Our response is due on December 20, 2004.

This is our first request for an enlargement of time for this purpose. Counsel for plaintiff, Information Systems And

Networks, Corporation ("Info Systems"), has authorized us to state that Info Systems does not oppose this motion. The original complaint identified a tripartite contract between Info Systems, the Small Business Administration, and the Air Force as the basis for liability. The amended complaint

identifies a "separate" contract with the Small Business Administration as the basis for liability. Accordingly, counsel

for the United States must make a formal request to the Small Business Administration for a litigation report. Counsel will

seek this report upon an expedited basis, but in light of the holidays and the usual crush of other business, counsel does not expect a response before January.

Case 1:04-cv-00632-LJB

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Filed 12/02/2004

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Once we have received a report from the Small Business Administration, some time will be needed to draft the response to the amended complaint. In addition, time will be needed for

review of the draft response by counsel for the agency and by supervisors within the Department of Justice. For the reasons set forth above, we respectfully request that the Court grant our unopposed motion for an enlargement of time. Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director S/ Franklin E. White, Jr. FRANKLIN E. WHITE, JR. Assistant Director S/ James W. Poirier JAMES W. POIRIER Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor, 1100 L St, N.W Washington, D.C. 20530 Tele: 202-307-6289 Fax: 202-514-7969 December 2, 2004 Attorneys for Defendant

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Case 1:04-cv-00632-LJB

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Filed 12/02/2004

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CERTIFICATE OF FILING I hereby certify that on December 2, 2004, a copy of the foregoing "DEFENDANT'S UNOPPOSED MOTION FOR AN ENLARGEMENT OF TIME" was filed electronically. I understand that notice of this

filing will be sent to all parties by operation of the Court's electronic filing system. the Court's system. S/ James W. Poirier Parties may access this filing through